assault Flashcards

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1
Q

what did lord goff define an assult as in collin v wilcock

A

an assault is defined as an act done by the D which causes v to apprehend immediate unlawful foce

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1
Q

which judge establishes assault and what case

A

collin v wilcock(case)
judge - lord goff

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2
Q

stage 1 of assault

A

d must have done an act -could be words gestures or even scilence (ireland)

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3
Q

side rule stage 1

A

written text /letters/emails(costanza)

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4
Q

stage 2 of an assault

A

v must apprehend force (lamb) if there is no apprehension then there is no assault

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5
Q

side rule of stage 2

A

jokes - even jokes can amount to an assault if they cause v to apprehen fore (logden)

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6
Q

stage 3

A

the threat of force must be immediate (smith v chief of woking police

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7
Q

side rule of stage 3

A

words can negate an assault

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8
Q

mens rea of assault

A

the intention or recklesness to do an act which cause the vistim to apprehend immediate unlawful force (venna)

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9
Q

TIP

A

after stage 3 put in any causation issues
after mens rea put in any transfered malice issues

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